Commission withdraws automatic ban on female attackers from stadiums

The Public Safety Commission of Chamber of Deputies has amended a pending bill aimed at restricting access to stadiums and sports arenas for female abusers.

The change removes the automatic ban on entry to these places and now provides that the restriction will be applied by the judiciary, as a sanction restricting rights.

According to the approved text, judges will be able to prohibit people found guilty, with final judgment, of offenses provided for by the Maria da Penha law from attending sporting events for a period of three months to three years.

The change was incorporated into the project drawn up by the MP Dayany Bittencourt (União-CE), which, in its original version, provided for automatic closure and gave event organizers direct responsibility for inspection, with fines provided. The new wording transfers the decision to the judiciary and inserts the measure into the general sports law.

The replacement was initially presented by the MP Laura Carneiro (PSD-RJ) to the Sports Commission and maintained by the rapporteur at the Public Safety Commission, the deputy Coronel Assis (União-MT). According to the rapporteur, the approved model offers greater legal certainty, avoids automatic sanctions and harmonizes with existing fan control mechanisms.

“In this way, the proposal becomes more feasible, respects the legal procedure and strengthens the policy of preventing violence against women in Brazil,” Assis said.

According to Laura Carneiro, the original text imposed a burden difficult to bear for clubs and arena administrators, who do not have real-time access to data on final and final convictions. The substitute therefore opted for a model based on the judicial application of the sanction.

“By creating a new regime of prohibition of access, with control entrusted to the organizers and linked to the consultation of the CNJ database, the proposal imposes a burden which cannot currently be satisfied: clubs and arena operators do not have access, in real time, to information on final convictions, nor to standardized and integrated systems for such a conference. Penalizing these private agents for unavoidable non-compliance would create legal insecurity and delegitimize the rule”, explained Carneiro.

Despite the change in the application mechanism, the central objective of the proposal was maintained, according to Assis. To justify the project, Dayany Bittencourt asserts that preventing the presence of convicted attackers in high traffic areas has a symbolic and preventive nature and contributes to the fight against violence against women.

“In essence, the replacement envisages the two central vectors of this commission: the fight against violence against women and the repetition of behaviors that violate democratic coexistence and women’s rights, in addition to the adoption of instruments compatible with the regime of criminal liability and the system of execution of sentences, avoiding administrative impositions to which event organizers would not be willing to comply,” Assis argued.

The proposal will be further analyzed, conclusively, by the Constitution, Justice and Citizenship Commission (CCJ). To become law, the text must be approved by the Chamber of Deputies and the Federal Senate.